Warranty Statement
this paragraph shall excuse Barco's performance hereunder:
3.1Customer shall not expose Barco personnel to any unsafe working conditions.
3.2Repairs to equipment under warranty resulting from improper maintenance or repair performed by the Customer, or its officers, agents, employees, or representatives, shall be borne by the Customer at its additional cost and expense.
3.3The customer is responsible for installing the Barco equipment in an environment for which it was intended. If there is an indication that the equipment was used - even temporary - outside its specifications, Barco n.v. is entitled not to perform warranty repairs and terminate the warranty agreement. Any actions that have been taken by Barco n.v. in this respect, may be invoiced to the Customer at normal pricing.
ARTICLE 4: MODIFICATIONS OR CHANGES TO THE EQUIPMENT
Customer may make additions to the equipment only with explicit written consent of Barco n.v.
Any attempt to do so, voids the warranty.
ARTICLE 5: DISCLAIMER OF WARRANTIES
Barco n.v. disclaims all warranties, expressed or implied, including all implied warranties of merchantability and fitness for a particular purpose.
ARTICLE 6: LIMITATION OF LIABILITY
Barco n.v. shall not under any circumstances be liable to customer or any third party for direct, indirect, incidental, special or consequential damages, such as but not limited to, damage to or loss of tangible or intangible property or equipment, loss of profits or revenues, cost of capital, cost of purchase of replacement goods, or claims of customers of user for service interruptions. The liability of Barco for manufacturing, sale, delivery, resale, installation, operation or suitability for use of any products or services covered by or furnished under this warranty condition, whether arising out of contract, negligence, strict tort, warranty or otherwise, shall not exceed the price of the item or items of goods or services upon which such liability is based.
ARTICLE 7: FORCE MAJEURE
Either party shall be released from performance of its obligations under this agreement to the extent, and for so long as, the performance of this agreement is impeded by reason of force majeure. For the purposes of this clause the expression “force majeure” means, but shall not be limited to, industrial dispute, fire, mobilization, requisition, embargo, currency transfer prohibitions, insurrection, lack of means of transport, restrictions of the use of energy, and generally any circumstances which are beyond the control of the parties and hinder performance by one party of his obligations.
ARTICLE 8: GENERAL
8.1Customer acknowledges its understanding that all software and electronic devices, including Barco products are subject to possible error, mechanical or electrical failure, and should not be relied upon in inappropriate applications or without proper backup and/or other safety precautions whenever personal injury or property damage may result from failure or error of the product.
8.2Barco n.v. shall not be responsible for machine failure and/or its failure to render service or maintenance due to causes beyond its reasonable control.